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New Member
Ceejay1
Posts: 1
Registered: ‎03-01-2008
0

Continued collection activity....did they violate?

I received a dunning letter last month in regards to a 6 year old cell phone bill.It was the first letter. Also,this collection was NOT on any of my reports. I sent them a dv letter back with a cease and desist within the 30 day period via cmrr which shows they received it within the first 30 days. They have sent nothing back. Today, which is day 35 since the first dunning letter,they reported the collection to Experian.I'm pretty sure i'll be receiving alerts on the other 2 cra's this week. It was my understanding if they received my dv within the first 30 days, without sending me any verification of the debt,yet still reporting the collection to the cra's is considered "continued collection activity".Remember, this collection was NOT on my reports prior too me sending my dv and after they signed for it....did they just violate? What's my next course of action,an ITS?

 

Thanks!

Mega Contributor
RobertEG
Posts: 17,456
Registered: ‎03-19-2007
0

Re: Continued collection activity....did they violate?

The day they receive a timely DV request, that requires them to cease any further active collection activities until such time as they provide debt validtion.

It does not matter whether or not they previously reported their collection to a CRA.  The prohibition is the same.  Did you send your CMRRR, or otherwise have proof of their receipt?  Yes, their reporting after receipt of your DV letter would be a clear violation of FDCPA 809(b).

Unfortunately, there is not a whole lot you can do about it.  Failure to comply with debt collection practices under the FDCPA is not a disputable matter under the FCRA.

The legal recourse for violation of the FDCPA is by way of formal complaint to the Federal Trade Commission.  Unfortunately, the FTC usually does not take action on individual complaints for violation of the FDCPA.  You could contact your state attorney general's office and ask them to intervene.  Some file complints with their local BBB, but the BBB has no authority to take any action.

It is kinda a law without real teeth.

Senior Contributor
O6
Posts: 3,626
Registered: ‎10-13-2009
0

Re: Continued collection activity....did they violate?

[ Edited ]

RobertEG wrote:

The day they receive a timely DV request, that requires them to cease any further active collection activities until such time as they provide debt validtion.

It does not matter whether or not they previously reported their collection to a CRA.  The prohibition is the same.  Did you send your CMRRR, or otherwise have proof of their receipt?  Yes, their reporting after receipt of your DV letter would be a clear violation of FDCPA 809(b).

Unfortunately, there is not a whole lot you can do about it.  Failure to comply with debt collection practices under the FDCPA is not a disputable matter under the FCRA.

The legal recourse for violation of the FDCPA is by way of formal complaint to the Federal Trade Commission.  Unfortunately, the FTC usually does not take action on individual complaints for violation of the FDCPA.  You could contact your state attorney general's office and ask them to intervene.  Some file complints with their local BBB, but the BBB has no authority to take any action.

It is kinda a law without real teeth.


 

§ 813 established civil liability apart from FTC involvement.  That there are no teeth to the law is simply untrue.

 

IAALBNYL

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